Common use of Return of Merger Consideration Clause in Contracts

Return of Merger Consideration. Upon demand by Acquiror, the Exchange Agent shall deliver to Acquiror any portion of the Merger Consideration made available to the Exchange Agent pursuant to this Section 3.5 that remains undistributed to holders of Company Shares one year after the Effective Time. Holders of Certificates who have not complied with this Section 3.5 prior to the demand by the Acquiror shall thereafter look only to Acquiror for payment of any claim to the Merger Consideration and dividends or distributions, if any, in respect thereof.

Return of Merger Consideration. Upon demand by Acquiror, the Exchange Agent shall deliver to Acquiror any portion of the Merger Consideration made available to the Exchange Agent pursuant to this Section 3.5 3.4 that remains undistributed to holders of Company Shares one year six months after the Effective Time. Holders of Certificates who have not complied with this Section 3.5 3.4 prior to the demand by the Acquiror shall thereafter look only to Acquiror for payment of any claim to the Merger Consideration and dividends or distributions, if any, in respect thereof.

Return of Merger Consideration. Upon demand by Acquiror, the Exchange ------------------------------ Agent shall deliver to Acquiror any portion of the Merger Consideration made available to the Exchange Agent pursuant to this Section 3.5 3.4 that remains undistributed to holders of Company Shares one year six months after the Effective Time. Holders of Certificates who have not complied with this Section 3.5 3.4 prior to the demand by the Acquiror shall thereafter look only to Acquiror for payment of any claim to the Merger Consideration and dividends or distributions, if any, in respect thereof.

Return of Merger Consideration. Upon demand by AcquirorFidelity, the Exchange Agent shall deliver to Acquiror Fidelity any portion of the Merger Consideration made available to deposited with the Exchange Agent pursuant to this Section 3.5 3.3 that remains undistributed to holders of Company Common Shares one year after the Effective Time. Holders of Certificates who have not complied with this Section 3.5 3.3 prior to the such demand by the Acquiror shall thereafter look only to Acquiror Fidelity for payment of any claim to the Merger Consideration and dividends or distributions, if any, in respect thereof.